SECTION 8 - CONVICTION BASED ON OFFICER ASKING SUSPECT TO BLOW INTO FACE UPHELD

Mr. Rule was convicted at trial of exceed .08 and his appeal was dismissed. He sought leave to appeal that decision, arguing that the officer's request to smell Mr. Rule's breath by asking him to blow in his face was a violation of his section 8 rights. His application was dismissed:

The officer’s screening measure was minimally intrusive and speedily performed at the roadside and was therefore reasonable. R. v. Rule, 2017 MBCA 86